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Massachusetts Now Requires New Permit to Process Hazardous Material, starting in 2013

Massachusetts Now Requires New Permit to Process Hazardous Material, starting in 2013

Update in effect as of January 1, 2015: The requirements for hazardous material processing (previously known as 527 CMR 33) are now listed under 527 CMR 1.00:60. The full regulation has been carried over in the new revision.

In February of last year, the Massachusetts Department of Fire Services enacted regulation 527 CMR 33 regarding the processing of hazardous material. This new regulation was developed in response to incidents of fire and explosion in Middleton in 2011, Danvers in 2006, and Leominster in 2005, all of which involved the processing of hazardous materials.

The new regulation means that any business which processes hazardous materials (in addition to storing them) will need a permit to continue to do so, beginning this year. It categorizes users into five categories with Category 5 (highest volumes) having the most requirements for permitting, while Category 1 (lowest volumes, vessel capacity less than or equal to 2.5 gallons) does not require a permit although users are still responsible for compliance. The permits must be renewed annually and are issued by the local fire department.

Aside from requiring a permit, the new regulation means that federal OSHA and EPA laws governing hazardous materials will now be enforceable under state law for Category 5 users. Lower level users will have fewer requirements for compliance but will still need to provide required documentation, upon request, to their local fire department (summarized below). It is also important to note that this permit is separate from a storage permit.

Although not as stringent as Category 5 requirements, the requirements for Category 4 are still fairly complex, so we’ve provided a summary below, for reference.

1. Hazard Evaluation: A written evaluation performed or procedure conducted to identify hazards, including adjacent vessels that contain hazardous materials, and determine the required preventive, protective, and safety control measures in conformance with recognized and generally accepted good engineering and safe work practices associated with a particular process or condition and the facility wherein such process or condition is taking place.

The above summary of Category 4 requirements is simply a recommendation based on the regulations referenced in 527 CMR 33.05 (outlined below) and may not apply for all Category 4 users. The compliance requirements for each category build upon those established for the previous one (i.e. Category 4 compliance requirements include those for Category 3, plus additional requirements) and are based on previously established regulations from OSHA, the EPA, etc. If you would like to understand where these requirements come from and the laws and regulations they are based on, we have provided a list below for your reference.

Category 4 Compliance Requirements and Regulations

1. (Applicant must) Provide documentation that adequately demonstrates that the facility complies with the requirements for a Category 3 process in accordance with 527 CMR 33.05 which include:

Documentation that adequately demonstrates that the facility maintains and implements a policy in compliance with

6. Maintain Category 4 Limited Safety Program documents and records for review by the Head of the Fire Department or Marshal for a minimum of two years following issuance of a permit. [iii]

Please contact SPEC if you are unsure how these new regulations impact your business or you need help assembling the appropriate documents to apply for a permit to process hazardous materials.

SPEC has worked with many businesses that process hazardous materials and has significant experience working with clients to ensure they comply with state and federal regulations including OSHA PSM and EPA CAPP. In fact, SPEC continues to work with Bostik after their recent explosion to rebuild their facility and bring them into compliance.